The Legal Ponder Over Limit Measures In Road Traffic Management

This essay analyze the legitimacy of road traffic restrictions policy from the angel of right restriction theory, discuss the constitutionality from the relationship between the public interest and private right, consider the legitimacy of traffic restriction from the legal system and the legal reservation principle, and discuss the deterministic process of pubic interest and restrict measures in the road restriction from the angel of justification. Research the theory problem behind the specific administrative act from the basic theory of law, logically discussed in four parts of road traffic restriction from the legitimacy , constitutionality, legality and due process to explore the jurisprudence . Analyze three legal conditions in detail, which is the policy must be in the public interest, in accordance with the law and reasonable compensation. According to the principle of legal reservation, this essay put forward the concept that the restriction policy and the interest that it dependent on must according to the due process, non-temporary traffic restrictions can be resolved to adapt to democracy, under the equity related to the principle of geographical correlation to determine its subject , and determined by the majority or the proceedings of the representative institutions, finally, in accordance with the principle of proportionality, the policy needs to be examined in legitimacy, sensibility and equilibrium, in order to achieve substantive justice and procedural justice., maximize the policy objective of administrative efficiency with minimal right violations and minimal administrative costs, Maximize the degree of public participation in decision-making, which makes the restriction policy more reasonable and legal, the public is more willing to comply, so that a more democratic and harmonious society, In practice, in particular, to provide practical and effective ideas for the road traffic restrictions .